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AF | BCMR | CY2003 | BC-2003-02783
Original file (BC-2003-02783.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02783
            INDEX NUMBER:  128.00


            COUNSEL:  NONE


            HEARING DESIRED:  NO

______________________________________________________________

APPLICANT REQUESTS THAT:

She  be  reimbursed  for  premiums  deducted  from  her   pay   for   Family
Servicemembers’ Group Life Insurance (FSGLI).
______________________________________________________________

APPLICANT CONTENDS THAT:

FSGLI was wrongfully taken from her  pay  because  she  has  no  dependents.
FSGLI was taken from her pay for her husband who is on active duty.

In support of her request, the applicant submits copies  of  her  Leave  and
Earning  Statements  (LES).   The  applicant’s  complete  submission,   with
attachments, is at Exhibit A.
______________________________________________________________

STATEMENT OF FACTS:

Applicant’s Total Active  Federal  Military  Service  Date  (TAFMSD)  is  18
August 1999.  She is currently serving on active duty in the grade of  staff
sergeant (E-5), with an effective date and date of rank of 1 August 2003.

Public Law 107-14, Veterans’ Survivor Benefits Improvement Act of  2001  was
passed on 5 June 2001 and approved by the President.  The law  expanded  the
Servicemen’s Group Life Insurance (SGLI) program to establish  coverage  for
spouses and children in the event of their death.   The  coverage,  by  law,
was automatic for all members of the  Armed  Forces  who  had  a  spouse  or
child(ren), unless the member declined coverage.

Information extracted from the  SGLI  Website  reveals  that  the  applicant
terminated spouse coverage on 30 June 2003.
______________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPW recommends the application be denied.  DPW states that  the  Air
Force put together an aggressive campaign  to  make  members  aware  of  the
program and their  benefits.   Comments  about  FSGLI  automatic  enrollment
appeared in the remarks section of every member’s LES from 30  August  -  15
November 2001.   The  applicant  had  adequate  time  to  make  an  election
decision.  Although premiums had not yet been deducted  from  her  pay,  the
applicant’s spouse was insured for $100,000 for the period  1 November  2001
- 30 June 2003.  Had her spouse become a fatality during  this  period,  the
proceeds of the $100,000 coverage would have been paid to her.

The HQ AFPC/DPW evaluation, with attachment, is at Exhibit B.

______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 17  October
2003 for review and response.   As  of  this  date,  no  response  has  been
received by this office (Exhibit C).

______________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not  been  the  victim  of  an  error  or  injustice.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

______________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.

______________________________________________________________

The following members of the Board considered this application in  Executive
Session on 2 December 2003, under the provisions of AFI 36-2603:

      Mr. Joseph G. Diamond, Panel Chair
      Mr. Jackson A. Hauslein, Member
      Mr. Edward H. Parker, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2003-02783.

    Exhibit A.  DD Form 149, dated 25 Jul 03, w/atchs.
    Exhibit B.  Letter, HQ AFPC/DPW, dated 7 Oct 03, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 17 Oct 03.




                                   JOSEPH G. DIAMOND
                                   Panel Chair

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